Oct 9, 2011 1:14pm
Re: High Noon (1952) copy right
From the U.S. Copyright Office:
Works Originally Created and Published or Registered
before January 1, 1978
Under the law in effect before 1978, copyright was secured
either on the date a work was published with a copyright
notice or on the date of registration if the work was registered
in unpublished form. In either case, the copyright
endured for a first term of 28 years from the date it was
secured. During the last (28th) year of the first term, the
copyright was eligible for renewal. The Copyright Act of 1976
extended the renewal term from 28 to 47 years for copyrights
that were subsisting on January 1, 1978, or for pre-1978
copyrights restored under the Uruguay Round Agreements
Act (URAA), making these works eligible for a total term of
protection of 75 years. Public Law 105-298, enacted on October
27, 1998, further extended the renewal term of copyrights
still subsisting on that date by an additional 20 years, providing
for a renewal term of 67 years and a total term of protection
of 95 years.
Public Law 102-307, enacted on June 26, 1992, amended
the 1976 Copyright Act to provide for automatic renewal of
the term of copyrights secured between January 1, 1964, and
December 31, 1977. Although the renewal term is automatically
provided, the Copyright Office does not issue a renewal
certificate for these works unless a renewal application and
fee are received and registered in the Copyright Office.
Public Law 102-307 makes renewal registration optional.
Thus, filing for renewal registration is no longer required
to extend the original 28-year copyright term to the full 95
years. However, some benefits accrue to renewal registrations
that were made during the 28th year.
For more detailed information on renewal of copyright
and the copyright term, see Circular 15, Renewal of Copyright;
Circular 15a, Duration of Copyright; and Circular 15t, Extension
of Copyright Terms.
Transfer of Copyright
Any or all of the copyright owner’s exclusive rights or any
subdivision of those rights may be transferred, but the transfer
of exclusive rights is not valid unless that transfer is in
writing and signed by the owner of the rights conveyed or
such owner’s duly authorized agent. Transfer of a right on a
nonexclusive basis does not require a written agreement.
A copyright may also be conveyed by operation of law and
may be bequeathed by will or pass as personal property by
the applicable laws of intestate succession.
Copyright is a personal property right, and it is subject to
the various state laws and regulations that govern the ownership,
inheritance, or transfer of personal property as well as
terms of contracts or conduct of business. For information
about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. The
Copyright Office does not have any forms for such transfers.
The law does provide for the recordation in the Copyright
Office of transfers of copyright ownership. Although recordation
is not required to make a valid transfer between the
parties, it does provide certain legal advantages and may be
required to validate the transfer as against third parties. For
information on recordation of transfers and other documents
related to copyright, see Circular 12, Recordation of
Transfers and Other Documents.
Termination of Transfers
Under the previous law, the copyright in a work reverted to
the author, if living, or if the author was not living, to other
specified beneficiaries, provided a renewal claim was registered
in the 28th year of the original term.* The present law
drops the renewal feature except for works already in the first
term of statutory protection when the present law took effect.
Instead, the present law permits termination of a grant of
rights after 35 years under certain conditions by serving written
notice on the transferee within specified time limits.
For works already under statutory copyright protection
before 1978, the present law provides a similar right of termination
covering the newly added years that extended the
former maximum term of the copyright from 56 to 95 years.
For further information, see circulars 15a and 15t.
*note: The copyright in works eligible for renewal on or after
June 26, 1992, will vest in the name of the renewal claimant
on the effective date of any renewal registration made during
the 28th year of the original term. Otherwise, the renewal
copyright will vest in the party entitled to claim renewal as of December 31st of the 28th year.
This post was modified by DeadRed1971 on 2011-10-09 20:14:19